Atlantic Investments, LLC v. United States

MEMORANDUM **

Atlantic Investments, LLC and its sole owner and manager Joseph Khalifian (collectively “Atlantic”) appeal an order of the district court granting the Government’s motion to dismiss Atlantic’s civil action for lack of subject matter jurisdiction and denying Atlantic’s motion for summary judgment as moot. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo both a district court’s dismissal for lack of subject matter jurisdiction, see Bd. of Trs. of the Constr. Laborers’ Pension Trust for S. Cal. v. M.M. Sundt Constr. Co., 37 F.3d 1419 , 1420 (9th Cir.1994) (per curiam), and a district court’s denial of a motion for summary judgment, see Lindsey v. Shalmy, 29 F.3d 1382, 1384 (9th Cir.1994).

We have held that “when a civil forfeiture proceeding has been filed, the claimant has adequate remedies to challenge any [constitutional] violation. Accordingly, when a civil forfeiture proceeding is pending, there is no need to fashion an equitable remedy to secure justice for the claimant.” United States v. U.S. Currency, $83,310.78, 851 F.2d 1231, 1235 (9th Cir.1988). The claimant in $83,310.78, like Atlantic, filed her complaint 1 after…